Date: 19990908
Docket: A-390-97
CORAM: MARCEAU J.A.
DESJARDINS J.A.
LÉTOURNEAU J.A.
BETWEEN:
NORMAN ALBERT BAUDISCH,
Appellant,
- and -
THE CIVIL AVIATION TRIBUNAL,
Respondent.
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia,
on Wednesday, September 8, 1999)
MARCEAU J.A.
[1] In spite of the remarkable effort of the appellant, who has presented his case with great sincerity, we are all of the view that there is no valid ground on which we could base a reversal of the impugned motions judge"s decision.
[2] It is clear to us that the Civil Aviation Tribunal " which confirmed the three-day suspension imposed on the appellant"s pilot licence under the authority of the Aeronautics Act , R.S.C. 1985, c. A-2 " cannot revisit its decision now that it has been finally rendered and both divisions of this Court have refused to review it. The Tribunal has exhausted its mandate and is definitely functus . The appellant suggests that even if the Tribunal cannot change its decision, it could give effect to his allegation that he was denied the full discovery he was entitled to by either addressing some official admonition to the Minister for the reprehensible conduct of his representatives or even by laying charges in a criminal jurisdiction against the responsible officers. This, however, would be practically, if not legally, unthinkable as being outside the powers and responsibilities of an administrative tribunal. In any event, even if the Tribunal here could somehow express its displeasure, this court would have no basis whatever to order it to do so. As to whether one could take the view that the Tribunal"s decision was flawed because it was not rendered in full knowledge of the content of the Minister"s decision, and should therefore be seen as a sort of nullity not constituting an impediment to a novel consideration of the Minister"s real decision, the answer is again obvious. The Tribunal"s decision confirming the three-day suspension governs the issue until it is set aside by a Court for some reason, if any, and the proceedings now pending in this Court have not been instituted for and could not lead to that result.
[3] The appeal can only be dismissed. In view of the circumstances and the absence of specific request by the respondent, it will be without costs.
"Louis Marceau"
J.A.
Date: 19990908
Docket: A-390-97
CORAM: MARCEAU J.A.
DESJARDINS J.A.
LÉTOURNEAU J.A.
BETWEEN:
NORMAN ALBERT BAUDISCH,
Appellant,
- and -
THE CIVIL AVIATION TRIBUNAL,
Respondent.
Heard at Vancouver, British Columbia, on Wednesday, September 8, 1999.
Judgment rendered from the Bench on Wednesday, September 8, 1999.
REASONS FOR JUDGMENT OF THE COURT BY: MARCEAU J.A.
IN THE FEDERAL COURT OF APPEAL
Date: 19990908
Docket: A-390-97
BETWEEN:
NORMAN ALBERT BAUDISCH,
Appellant,
- and -
THE CIVIL AVIATION TRIBUNAL,
Respondent.
REASONS FOR JUDGMENT
OF THE COURT